Prosecutors in Tory Lanez case are looking to Impose a Maximum Sentence

In their recently submitted court filing, prosecutors are looking to argue that Megan Thee Stallion was “particularly vulnerable” contributing to an aggravating circumstance.

By Alex A. Alonso for Streetgangs.Com | May 24, 2023 | 9:05 p.m.

Prosecutors Alexander Bott and Kathy Ta submitted a motion in support of aggravating circumstances so that Judge Herriford can impose the maximum sentence in the case, People verse Daystar Peterson next month. It is not looking good for the defendant in this case, also known as Tory Lanez, the grammy nominated rap artist who was convicted of shooting Megan Thee Stallion last December, because prosecutors want to ask for a stiffer sentence.

After a jury trial last December, Tory Lanez was found guilty on Count 1, assault with a firearm (245b), Count 2, possessing a concealed unregistered firearm (25400a1) and Count 3, negligent discharging of a firearm (246.3a). He is facing a maximum number of 22-years in prison, but recent California law states that the Judge cannot impose the maximum sentence, rather the sentence should not exceed the middle term.

California legislators passed Senate Bill 567 amending penal code 1170 forcing judges to only impose a maximum sentence consistent with the middle term. This was done to prevent defendants from receiving unnecessary long sentences and to reduce prison crowding. The exception to this amendment is if the prosecution can prove that aggravating circumstances were present.

The prosecution will argue next month that the aggravating circumstances was that Megan Thee Stallion was “particularly vulnerable” when she exited the SUV when the defendant shot her five times. She was in a bikini, barefoot, on a dark street, without her phone, and was completely defenseless and “taken entirely by surprise” when she was shot. When she was walking away, [Tory Lanez] demonstrated “a high level of callousness” contributing to the aggravation.

Based on the tone and language of this memorandum, and looking at the high term of the three felonies and enhancements, the prosecution looks to be asking the judge for a sentence around 12 to 15 years or higher, to be served in the California Department of Corrections. They wrote that “the brazenness of the Defendant’s conduct is alarming but the conscious disregard for the well-being and safety of all those around him signifies a high degree of indifference for human life.”

The defense will respond to this memorandum arguing that the prosecution has not met the burden of “particularly vulnerable” which usually describes people with disabilities, elderly, pregnant women, and children, and that Megan Thee Stallion was a young, healthy, strong woman at the time of this incident. The prosecution will cite People v. Eades from 1979, that “particularly vulnerable” can be defined beyond physical handicaps.

Sentencing is scheduled to occur on June 13, 2023 at the criminal courts building in downtown Los Angeles.

Penalties in Tory Lanez case

Offense	Low	Mid	High
Count 1 (245b)	3	6	9
Count 2 (25400a1)	1	1	1
Count 3 (246.3a)	1 (16 mos)	1 (2)	1 (3)
Enhancement 12022.5(a)	3	4	10
Enhancement 12022.7(a)	3	4	10
TOTAL	8 years 4 months	13 years	23 years